Can I Still File a Delivery Truck Accident Claim If I Was Partially At Fault?

If you’re involved in a delivery truck accident in Los Angeles and believe you’re partially to blame, you’re likely wondering if you can still file a claim. The good news is that California’s comparative fault system allows you to file a delivery truck accident claim even if you were partially at fault.

As you move forward with your claim, it’s important to understand how fault is determined and how to build a strong case to maximize your compensation.

We recommend consulting with a Los Angeles delivery truck accident lawyer at J&Y Law to guide you through this process. We have 60 years of combined experience helping injured people recover compensation.

How Comparative Fault Affects Your Claim

California is a comparative fault state, and the way fault is assigned in a delivery truck accident can greatly impact your claim. This means that if you’re found partially responsible for the accident, your compensation will be reduced accordingly. 

In a comparative negligence system, the court assesses the degree of fault of all parties involved, including you, the delivery truck driver, and any other parties. Your liability assessment will determine the percentage of fault assigned to you, which will then be used to calculate your share of the damages. 

For instance, if you’re found 20% at fault, you’ll only be eligible to recover 80% of the total damages. Understanding how comparative fault works is important in building a strong claim and maximizing your compensation.

Evidence to Collect When Filing a Delivery Truck Accident Claim While Being Partially At Fault

When determining fault in a delivery truck accident, you’ll need to gather and examine evidence from multiple sources. 

Investigating the Scene

The scene of a delivery truck accident is a source of important evidence, and a thorough investigation is important to determine fault. As you investigate the scene, you’ll need to conduct a scene analysis to identify and collect evidence. 

This includes taking photos and videos of the accident site, documenting vehicle damage, and gathering witness statements. You should also collect physical evidence like skid marks, tire tracks, and debris. Additionally, you’ll want to review traffic cameras and nearby surveillance footage to piece together the events leading up to the accident. 

Analyzing Driver Logs

As you investigate further, you’ll need to scrutinize the driver logs to uncover potential evidence of negligence or reckless behavior. This involves examining the accuracy of the logs, including the driver’s hours of service, mileage, and any notable events or incidents.

You’ll want to look for discrepancies between the logs and other evidence, such as GPS data or eyewitness accounts. Analyzing driver behavior through log data can help identify patterns of fatigue, distraction, or aggressive driving that may have contributed to the accident. 

Additionally, log accuracy can be an important factor in determining fault, as inaccurate or falsified logs can mask a driver’s culpability.

Reviewing Witness Statements

You now shift your focus to reviewing witness statements, which are important in determining fault in a delivery truck accident. Witness statements can provide valuable insights into the events leading up to the accident. 

When reviewing these statements, you’ll want to assess witness credibility by evaluating their proximity to the accident, their potential bias, and their consistency in recounting the events. 

You should also examine any physical evidence that corroborates or contradicts the witness statements. By carefully analyzing witness statements, you can piece together a more accurate picture of what happened, which can help establish fault in the accident.

How Long Do You Have to File a Delivery Truck Accident Claim in Los Angeles?

In California, you have two years from the delivery truck accident date to file a claim even if you were partially at fault. Our team of Los Angeles delivery truck accident attorneys can help you start building your case. 

We can help you determine when to file your claim so that you can recover compensation after your accident. We can also assist you with the initial claim filing and paperwork and answer any questions you may have.

Dealing With Insurance Companies and Their Tactics

After a delivery truck accident, you’ll likely face a complicated and often frustrating claims process, which typically starts with dealing with the insurance company. Insurance companies have adjusting claims processes in place to minimize payouts, so it’s important to be prepared. 

They may try to lowball you or dispute liability, which is where insurance negotiation strategies come into play. Be cautious when speaking with adjusters, as they may try to extract statements that can be used against you.

The insurance adjuster may even go as far as to try to persuade you that you can’t file a delivery truck accident claim because you were partially at fault.

Remember, insurance companies are not on your side, and their primary goal is to protect their bottom line. Having a clear understanding of their tactics will help you handle the claims process more effectively and increase the chances that you receive the compensation you need.

Proving Damages and Calculating Compensation in a Los Angeles Accident

To prove the full extent of your damages and calculate fair compensation, you must gather and organize thorough documentation of your injuries, losses, and expenses. This includes medical records, bills, and receipts for any related treatments or services. 

You should also document lost wages, property damage, and any other relevant losses. A thorough damages assessment is important in calculating fair compensation. Your lawyer will work with experts, such as economists and medical professionals, to assess the full extent of your damages. 

We will then use this information to calculate fair compensation, taking into account both economic and non-economic damages. This may include pain and suffering, emotional distress, and loss of enjoyment of life.

Learn More About Filing a Delivery Truck Accident Claim While Partially At Fault

You’ve got a valid delivery truck accident claim in Los Angeles, even if you’re partially at fault. By understanding California’s comparative fault system, you can still recover damages.

Be prepared to document evidence and potentially involve expert witnesses. At J&Y Law, we are committed to helping you build a strong case. 

Contact us today for a free consultation.